N M ASEES Vs. ASMINA A N

JUDGEMENT

(1.) The petitioner is aggrieved by the concurrent direction to pay maintenance at the rate of Rs.1,500/- per mensem to his two children under Sec.125 of the Cr.P.C.

(2.) Paternity is admitted. That the children are residing with their mother is also not disputed. The marriage has ended in divorce. The children, through their mother, claimed maintenance alleging that the petitioner - their father, is refusing and neglecting to maintain them. They claimed an amount of Rs.1,500/- per mensem.

(3.) The petitioner resisted the claim for maintenance of the children on the ground that the quantum of maintenance claimed is excessive. An amount of Rs.750/- per mensem per child was directed to be paid as interim maintenance. The petitioner did not pay the amount. The petitioner did not appear before the learned Magistrate. It is, in these circumstances, that the petitioner was set ex parte. The mother of the children was examined and her oral evidence was recorded.